TWENTY-NINTH CONGRESS, 1845-47. 391 



better foundation than they usually have. "We should be 

 somewhat at a loss to repel them. The ordinary charge of 

 faithlessness and repudiation of pecuniary liabilities would 

 be nothing in comparison ; this would be the gross violation 

 of a sacred trust, which no circumstance could palliate, no 

 emergency could justify. 



I intend, Mr. Chairman, to support the bill in its present 

 form. There is, doubtless, a wide field for the selection of 

 means to accomplish the great design unfolded in the com- 

 prehensive words of Mr. Smithson's will. Any plan which 

 may be adopted for the attainment of this end, must neces- 

 sarily be the result of compromise; for it is not to be 

 expected that any two minds, acting separately, would 

 arrive at the same conclusion upon this important subject. 

 I understand this bill to have been thus framed by the com- 

 mittee which reported it. As a result of the conflicting 

 opinions of wise and experienced men, harmonized by com- 

 parison, discussion, and mutual concession, it is entitled to 

 very high respect. But I think its intrinsic merits will be 

 found to be its most imposing recommendation. 



Before attempting to notice the provisions of the bill, I 

 will refer briefly to an objection, which, if valid, would be 

 paramount to all other considerations. It was with surprise 

 and regret, that I heard the objection of my colleague, 

 (Mr. Jones,) to this bill on the ground of unconstitution- 

 ality. I would have regretted opposition upon such grounds 

 from any quarter ; but much more when it comes from my 

 own State. I would have preferred that Tennessee should 

 have occupied a different position. 



My honorable colleague insists that the Government 

 ought not to have accepted the trust, and that the money 

 ought now to be restored. It is true the United States 

 were not bound to accept the trust. They might have re- 

 jected Mr. Smithson's magnificent donation, and deprived 

 the American people of the rich blessings which may now 

 be conferred upon them by its wise and faithful use. But 

 better counsels prevailed; they did accept it by a law of 

 Congress ; and in so doing, they assumed a solemn obliga- 

 tion to apply the fund according to the will of the testator. 

 The faith of the Government is pledged it is doubly 

 pledged first, by receiving the money and retaining it 

 eight years, with an express agreement to apply it faith- 

 fully ; and, secondly, by the very nature of the sacred ob- 

 jects to which the trust is directed, so binding and obliga- 

 tory in their high demand upon the honor of the nation, 



